Tanning Legislation in 2014
2014 Indoor Tanning Legislation
Alabama
HB 254 signed into law on 3/3/14, effective 9/1/14
HB 254 Prohibits minors under 15 from using a tanning device unless prescribed by a physician. Requires 15 year olds to provide in-person parent/guardian consent and the parent/guardian is present in the room during the use of the device. Requires 16 and 17-year-olds to provide in-person parent/guardian consent.
SB 233 Prohibits minors under 15 from using tanning device unless prescribed by a physician. No 15-year-old can use tanning device unless parent/guardian provides written in-person consent and is present in the room during use of the device. 16 and 17-year-olds must provide written in-person consent.
Colorado
HB 1054 Prohibits minors under 18 from using a tanning device unless prescribed by a physician.
Delaware
Signed into law 7/28/14, effective 1/1/15
SB 94 Prohibits minors under 18 from using a tanning device.
Florida
SB 572 Prohibits minors under 18 from using a tanning device unless prescribed by a health care provider indicating the number of sessions. Requires in-person parent/guardian consent and accompaniment for under 14.
HB 499 Prohibits minors under 18 from using a tanning device unless prescribed by a health care provider indicating the number of sessions. Requires in person parent/guardian consent and accompaniment for under 14.
Hawaii
Signed into law 7/2/14, effective immediately
HB 611 Prohibits minors under 18 from using tanning devices.
SB 399 Prohibits minors under 18 from using tanning devices.
HB 1783 Prohibits minors under 18 from using tanning devices. (introduced 1/17/14)
SB 2221 Prohibits minors under 18 from using tanning devices. (introduced 1/16/14)
Indiana
Signed into law on 3/25/14, effective 7/1/14
SB 50 Prohibits minors under 16 from using tanning devices.
Iowa
carryover
HF 257 Prohibits minors under 18 from using tanning devices.
SF 248 Prohibits minors under 18 from using tanning devices.
HF 2030 Prohibits minors under 18 from using tanning devices.
SF 2174 Prohibits minors under 18 from using tanning devices.
SF 2275 Prohibits minors under 18 from using tanning devices.
Kentucky
HB 310 Prohibits minors under 18 from using tanning devices unless prescribed by a healthcare provider.
Louisiana
Signed into law on 5/23/14, effective 8/1/14
HB 746 Prohibits minors under 18 from using tanning devices
Missouri
Signed into law on 6/5/14, effective 8/28/14
HB 1411 Minors under 17 must provide in-person parent/guardian consent.
Nebraska
Signed into law on 3/28/14, effective 7/18/14
LB 132 Prohibits minors under 18 from using tanning devices.
Ameded to:
Requires minors under 16 be accompanied by a parent/guardian and parent/guardian provide in-person consent.
New Hampshire
HB 1351 Prohibits minors under 18 from using tanning devices.
Pennsylvania
HB 1259 signed into law 5/6/14, effective 7/5/14
HB 977 Prohibits minors under 18 from using tanning devices. Provides for some regulation.
HB 1259 Prohibits minors under 17 from using tanning devices. Parental consent for 17 year olds.
SB 1020 Prohibits minors under 16 from using tanning devices. Allows for a doctor to prescribe tanning device use. Minors 16 or older and under than 18 must have parental consent. All minors shall be accompanied by parent/legal guardian in order to use a tanning device for the first time at each facility.
Virginia
HB 773 Prohibits minors under 18 from using tanning devices.
SB 479 Prohibits minors under 15 from using tanning devices. Unemancipated minors age 15 to 17 must provide parent/guardian written consent.
HB 681 Prohibits minors under 15 from using tanning devices. Unemancipated minors age 15 to 17 must provide parent/guardian written consent.
Washington
SB 6065 signed into law on 3/27/14, effective 6/12/14
SB 5521 Prohibits minors under 18 from using tanning devices.
SB 5455 Prohibits minors under 18 from using tanning devices.
HB 1585 Prohibits minors under 18 from using tanning devices.
SB 6065 Prohibits minors under 18 from using tanning devices unless prescribed by a physician. (introduced 2014)
West Virginia
HB 2768 Prohibits minors under 18 from using tanning devices
State Laws with Tanning Restriction for Minors
Alabama
Effective: 9/1/14
Age Restriction: Under 15, Under 18
Ban Details: Prohibits minors under 15 from using a tanning device unless prescribed by a physician. Requires 15 year olds to provide in-person parent/guardian consent and the parent/guardian is present in the room during the use of the device. Requires 16 and 17-year-olds to provide in-person parent/guardian consent.
Arizona
Law: AZ Admin. Code R12-1-1414 A2
Age Restriction: Under 18
Ban Details: Requires parent/guardian in-person written consent for minors under 18.
Arkansas
Law: Ark. Stat. Ann. 20-27-2202
Age Restriction: Under 18
Ban Details: Requires parent/guardian in-person written consent for minors under 18.
California
Law: CA Bus. and Prof. Code 22706 (b) (3) and (4)
Age Restriction: Under 18
Ban Details: Prohibits minors under 18 from using commercial tanning devices.
Connecticut
Law: CT Public Act No. 06-195
Age Restriction: under 17
Ban Details: Prohibits minors under 17 to use tanning device.
Delaware
Law: Del. Code Ann. tit, 16 § 30D
Age Restriction: Under 14, Under 18
Details:
- Prohibits minors under 14 unless medically necessary and provides in person parent/legal guardian provides consent. Requires in-person parent/guardian consent for minors between 14 and under 18 to submit a consent form. Valid for 1 year.
- Prohibits minors under 18 from indoor tanning devices.
District of Columbia
Law: Rule 25-F1601
Age Restriction: Under 14, Ages 14-15, and Under 16-17
Details:
- Parents/guardians must accompany children 14 – 15 on all visits.
- Prohibits minors under 14 from using tanning equipment. Minors 14 & 15 must be accompanied by a parent/guardian while the device is in use.
- Minors between 14-17 must obtain in-person parent/guardian consent.
Florida
Law: FL Stat. Ann. § 381.89(1998)
Age Restriction: under 14; 14-18
Details:
- Parents/guardians must accompany minors under 14 on all visits.
- Requires parent/guardian consent for minors between 14-18, agrees minor will use protective eyewear.
Georgia
Law: GA Code Ann. § 31-38-8 (2010)
Age Restriction: Under 14, 14-18
Details: Prohibits minors under 14 from using a tanning device and requires in-person parent/guardian consent for minors 14 years of age and older but under 18 years of age.
Hawaii
Effective: 7/2/14
Age Restrictions: Under 18
Details: Prohibits minors under 18 from using tanning devices.
Illinois
Law: IL Admin. Code Title 77; Sec. 795.190 (c)
Age Restriction: Under 18
Ban Details: Prohibits minors under 18 from using tanning devices.
Indiana
Law: IN Code Ann. § 25-8-15.4-15 and 16
Effective: 7/1/14
Age Restriction: Under 16, 16 and 17, and between 16 and 18
Details:
- Parent/guardian must accompany children under the age of 16.
- Requires in-person parent/guardian consent for someone under 18.
- Prohibits minors under 16 from using the device. Minors 16 and 17 requires in person parent/guardian consent
Kentucky
Law: Ch. 103 of the Acts of 2006 (HB 151)
Age Restriction: Under 14, between 14 and 18
Details:
- Parent/guardian must accompany children under the age of 14.
- Requires parent/guardian consent for someone under 18; agrees to use protective eyewear. The consent is valid for 1 calendar year.
Louisiana
Law: LA Rev. Stat. Ann. § 40:2714 (2005)
Effective: 8/1/14
Age Restriction: Under 14, between 14 and 18, and under 18
Details:
- Parent/guardian must accompany children under the age of 14.
- Requires in person parent/guardian consent for minors between 14 and 18; agrees to use protective eyewear.
- Prohibits minors under 18 from using the device.
Maine
Law: 10-144 Dept. of Human Services ch. 223 12A (3)(f)
Age Restriction: Under 14 and under 18
Details:
- Parent/guardian must accompany children between 14-15.
- Prohibits minors under 14. Requires in person parent/guardian consent for minors under 18. Valid for 1 year.
Maryland
Law: Md. Health Code Ann. § 20-106
Age Restriction: Under 18
Ban Details: Parent/guardian must give in-person written consent for a minor to use tanning devices.
Massachusetts
Law: MA Gen. Laws Ann. ch. 111 Public Health § 211
Age Restriction: Under 14, between 14 and 17
Details:
- Parent/guardian must accompany children under the age of 14
- Parent/guardian must sign prior written consent for minors age 14-17.
Michigan
Law: MI Comp. Laws Ann. § 333.13405
Age Restriction: Under 18
Details: Before someone under 18 can <span class="glossaryLink" title="Glossary: Tan" aria-describedby="tt" data-cmtooltip="
" data-mobile-support="0" data-gt-translate-attributes="[{"attribute":"data-cmtooltip", "format":"html"}]" tabindex="0" role="link">tan, a parent/guardian must present, in the presence of the owner or operator, a statement similar to other customers that they read and understand the risks tanning poses to their child and that the child will wear protective eyewear.
Minnesota
Law: MN Stat. Ann. § 325H.08
Effective: 7/1/14
Age Restriction: Under 16 and under 18
Details:
- Tanning device operator must witness a parent/guardian sign and date a warning statement.
- Prohibits minors under 18 from using the device.
Mississippi
Law: Miss Code Ann. § 41-115-1
Age Restriction: Under 18
Details:
- Parent/guardian must accompany children under the age of 14.
- No one under 18 is allowed to use tanning devices without written consent from a parent/guardian which is signed at the facility. The consent is only valid for 1 year and must specified the number of sessions.
Missouri
Effective: 8/28/14
Age Restriction: Under 17
Details: Requires minors under 17 obtain parent/guardian consent.
Nebraska
Effective 7/18/14
Age Restriction: Under 16
Details: Requires minors under 16 be accompanied by a parent/guardian and parent/guardian provide in-person consent
Nevada
Age Restrictions: Under 18
Details: Prohibits minors under 18 from using tanning devices.
New Hampshire
Law: NH Rev. Stat. Ann. § tit. XXX 313-A:31
Age Restriction: Under 14, between 14 and 18
Details:
- Parent/guardian must accompany children under the age of 14. Parent must accompany minors between 14 and 18 for their initial use.
- A licensed physician must authorize use of the device for minors under 14. Minors under 18 must have a parent/guardian sign, in the presence of the operator, a written consent to use the facility. Valid for 12 visits.
New Jersey
Law: NJ Rev. Stat. § C. 26:2D-82.1
Age Restriction: Under 17, under 18, and under 14
Details: Prohibits minors under 17 from using indoor tanning device, 17 year olds must obtain parent/guardian consent, minors under 14 prohibited from using spray tan.
New York
Law: NY Public Health Law Article 35-A ch. 3555
Age Restriction: under 17; under 18
Ban Details: Prohibits minors under 17 from using tanning devices. Requires parent/guardian in-person written consent for 17 year olds.
North Carolina
Laws:
- NC Gen. Stat.§ 104E-9.1
- 15A NCAC 11 .1418
Age Restriction: Under 14
Details:
- Children under 14 are prohibited from using tanning devices without a physician’s written prescription specifying the nature of the medical condition requiring the treatment, the number of exposures, and the time of exposure.
- Children under 18 must have signed permission from a parent/guardian to use the facilities.
North Dakota
Law: ND Cent. Code § Health and Safety Chapter 23-39
Age Restriction: Under 14
Details
- Parents/guardians must accompany children under 14 on all visits.
- Children under 14 are prohibited from using tanning devices without a physician’s written prescription. For minors under 18, parents/guardians must sign, in the presence of a tanning employee, a consent they read the warnings, agree to the terms of use, and agree the minor will wear FDA-approved eyewear. Permission is good for 12 months. Punishment for violation is specified in the law.
Ohio
Law: OH Admin. Code 4713-19-09 (B)
Age Restriction: Under 16; Under 18
Ban Details: Under 16 must be accompanied by a parent/guardian each time. Ages 16-17 requires in-person written consent for 90-days, but not for more than 45 visits.
Oregon
Law: OAR 333-119-0090 (2)
Age Restriction: Under 18
Ban Details: Prohibits minors under 18 from using tanning devices unless prescribed by a physician.
Pennsylvania
Effective: 7/5/14
Age Restriction: Under 17
Details: Prohibits minors under 17 from using the device
Rhode Island
Law: Department of Health Rules and Regulations for the Registration of Tanning Facilities Part III; Sec. 9.5
Age Restriction: Under 18
Details: Minors under 18 are prohibited from using a tanning facility unless the minor presents a written prescription by a licensed physician or, for every two visits, a parent/guardian has signed a consent form stating they have read and understand the risks. The consent shall be provided in the presence of a facility staff member. Infants and other minors are not allowed in the room with adults who are tanning.
South Carolina
Law: SC Code Ann. § ch. 61, sec. 106-3.7.1
Age Restriction: Under 18
Ban Details: Requires parent/guardian in-person written consent for minors under 18.
Tennessee
Law: TN Code Ann. § 68-117-104
Age Restriction: Under 14, between 14 and 18
Details:
- Parents/guardians of children under 14 must accompany the child.
- People under 18 must be accompanied by a parent/guardian who signs a consent form or presents a notarized statement of consent stating they understand the risks and a statement of their relationship with the minor.
Texas
Law: TX Health and Safety Code Ann. § 145.008
Age Restriction: Under 18
Ban Details: Prohibits minors under 18 from using tanning devices.
Utah
Age Restrictions: Under 18
Details:
- Parent/guardian must accompany children under the age of 18 at each visit.
- Prohibits anyone under the age of 18 from using a tanning bed unless the minor (i) has a written order from a physician or (ii) at each time of use the minor is accompanied by a parent/guardian who provides written consent authorizing the minor to use the tanning device.
Vermont
Details: Minors under the age of 18 are prohibited from using a commercial tanning device.
Virginia
Law: VA Code § 59.1-310.3
Age Restriction: Under 15
Ban Details: Requires parent/guardian written consent for unemancipated minors under 15. Valid for 6 months.
Washington
Effective: 6/12/14
Details: Under 18 Prohibits minors under 18 from using the device unless prescribed by a physician
West Virginia
Law: W.V. Code Ann. §16-45-3.
Age Restrictions: Under 14 and under 18
Details: Prohibits minors under 14 from tanning device. Requires parent/guardian consent for between 14 to 18.
Wisconsin
Law: WI Code Ann. § 463.25(9)(a)
Age Restriction: Under 16
Ban Details: Prohibits minors under 16 from using tanning devices.
Wyoming
Law: W.S. 14-3-108
Age Restriction: Under 15; 15-18
Ban Details: Requires parent/guardian accompany minor under 15 on all visits, sign in-person consent, and is present the entire time of use. Requires parent/guardian in-person written consent for minors age 15 to the age of majority. Consent is valid for 12 months.
Source: AIM at Melanoma and StateNet.
Note: List may not be comprehensive but is representative of the state laws that exist. AIM appreciates additions and corrections. Contact us at sguild@AIMatMelanoma.org.